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Ordinance No. NS-XXX <br />Page 37 of 68 <br /> <br /> <br />the commercial cannabis retail business shall require inspection and compliance with <br />section 40-11 of this article. <br />3. The owner or operator of a commercial cannabis business shall be responsible for <br />notifying the City of any intention to rename, change management, or convey the <br />business to another person/entity. Notification to the City must be made a minimum <br />of sixty (60) days prior to such transfer. <br />Sec. 40-14. Limitations on the city's liability. <br />To the fullest extent permitted by law, the City shall not assume any liability whatsoever, <br />with respect to approving any Regulatory Safety Permits pursuant to this article or the <br />operation of any commercial cannabis business approved pursuant to this chapter. As a <br />condition of approval of a Regulatory Safety Permit as provided in this chapter, the <br />applicant or its legal representative shall: <br />1. Execute an agreement indemnifying the City from any claims, damages, injuries or <br />liabilities of any kind associated with the registration or operation of the commercial <br />cannabis business or the prosecution of the applicant or business or its members for <br />violation of federal or State laws; <br />2. Maintain insurance in the amounts and types that are acceptable to the City Attorney <br />or his or her designee; <br />3. Name the City as an additionally insured on all City required insurance policies; <br />4. Agree to defend, at its sole expense, any action against the City, its agents, officers, <br />and employees related to the approval of a Regulatory Safety Permit; and, <br />5. Agree to indemnify and reimburse the City for any court costs and attorney fees that <br />the City may be required to pay as a result of any legal challenge related to this <br />ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at <br />its sole discretion, participate at its own expense in the defense of any such action, <br />but such participation shall not relieve the operator of its obligation hereunder. <br />Sec. 40-15. Fees and taxes. <br />All commercial cannabis businesses shall pay applicable fees and taxes, which shall <br />include one (1) or more of the following: <br />1. Application Fees. The business owner shall submit a non-refundable fee to cover the <br />cost of processing an application for the commercial cannabis business. These fees <br />may be divided into two (2) fees according to Registration Application Fee (Phase 1) <br />and RSP Application Fee (Phase 2). <br />2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non- <br />refundable fee to cover the cost of processing an application renewal annually.